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Post War Restoration Of Property Rights Under International Law
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Book Synopsis Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law by : H. van Houtte
Download or read book Post-war Restoration of Property Rights Under International Law: Institutional features and substantive law written by H. van Houtte and published by . This book was released on 2008 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Post-war Restoration of Property Rights Under International Law by : Hans Van Houtte
Download or read book Post-war Restoration of Property Rights Under International Law written by Hans Van Houtte and published by . This book was released on 2008 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume by : Hans Van Houtte
Download or read book Post-War Restoration of Property Rights Under International Law 2 Volume Set: Volume written by Hans Van Houtte and published by Cambridge University Press. This book was released on 2008-09-04 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Several international mass claims programmes have recently been established to process individual claims arising from armed conflicts. These entities possess specific institutional and structural features allowing for an effective and efficient resolution of claims. Moreover, violation of international law protecting property during war gives rise to inter-State and individual reparation, mostly partial, for which monetary compensation is more frequent than return of property. These programmes have also developed specific procedures to handle the administration of evidence and new techniques to decide all of the claims within a reasonable period of time. This 2-volume set reviews modern-day mass claims practice. Volume I shows how new mass claims programmes have built upon traditional dispute resolution mechanisms, and also examines the substantive law rules protecting property rights. Volume II focuses on the administration of evidence and the techniques developed to decide mass claims, including the use of statistical sampling.
Book Synopsis Post-war Restoration of Property Rights Under International Law by : Hans Das
Download or read book Post-war Restoration of Property Rights Under International Law written by Hans Das and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Post-war Restoration of Property Rights Under International Law: Procedural aspects by : H. van Houtte
Download or read book Post-war Restoration of Property Rights Under International Law: Procedural aspects written by H. van Houtte and published by . This book was released on 2008 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Post-conflict Administrations in International Law by : Eric de Brabandere
Download or read book Post-conflict Administrations in International Law written by Eric de Brabandere and published by BRILL. This book was released on 2009-04-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.
Book Synopsis The International Law of Property by : John G. Sprankling
Download or read book The International Law of Property written by John G. Sprankling and published by OUP Oxford. This book was released on 2014-05-01 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
Book Synopsis New Directions in International Economic Law by : Todd Weiler
Download or read book New Directions in International Economic Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2011-08-11 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dedicated to the memory of a path-breaking international lawyer, Thomas Wälde, this volume offers an eclectic mix of contributions from leading academics and practitioners. Topics include: foreign direct investment, dispute settlement, corporate responsibility, economic development, natural resources, and private international law.
Book Synopsis Land and Post-Conflict Peacebuilding by : Jon Unruh
Download or read book Land and Post-Conflict Peacebuilding written by Jon Unruh and published by Routledge. This book was released on 2013-07-18 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claims to land and territory are often a cause of conflict, and land issues present some of the most contentious problems for post-conflict peacebuilding. Among the land-related problems that emerge during and after conflict are the exploitation of land-based resources in the absence of authority, the disintegration of property rights and institutions, the territorial effect of battlefield gains and losses, and population displacement. In the wake of violent conflict, reconstitution of a viable land-rights system is crucial: an effective post-conflict land policy can foster economic recovery, help restore the rule of law, and strengthen political stability. But the reestablishment of land ownership, land use, and access rights for individuals and communities is often complicated and problematic, and poor land policies can lead to renewed tensions. In twenty-one chapters by twenty-five authors, this book considers experiences with, and approaches to, post-conflict land issues in seventeen countries and in varied social and geographic settings. Highlighting key concepts that are important for understanding how to address land rights in the wake of armed conflict, the book provides a theoretical and practical framework for policy makers, researchers, practitioners, and students. Land and Post-Conflict Peacebuilding is part of a global initiative to identify and analyze lessons in post-conflict peacebuilding and natural resource management. The project has generated six edited books of case studies and analyses, with contributions from practitioners, policy makers, and researchers. Other books in the series address high-value resources, water, livelihoods, assessing and restoring resources, and governance.
Book Synopsis The Property Rights of Refugees and Internally Displaced Persons by : Anneke Smit
Download or read book The Property Rights of Refugees and Internally Displaced Persons written by Anneke Smit and published by Routledge. This book was released on 2012-05-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.
Book Synopsis Property and Sovereignty by : James Charles Smith
Download or read book Property and Sovereignty written by James Charles Smith and published by Routledge. This book was released on 2016-04-15 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ’sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Book Synopsis The International Law of Occupation by : Eyal Benvenisti
Download or read book The International Law of Occupation written by Eyal Benvenisti and published by OUP Oxford. This book was released on 2012-02-23 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of occupation imposes two types of obligations on an army that seizes control of enemy land during armed conflict: obligations to respect and protect the inhabitants and their rights, and an obligation to respect the sovereign rights of the ousted government. In theory, the occupant is expected to establish an effective and impartial administration, to carefully balance its own interests against those of the inhabitants and their government, and to negotiate the occupation's early termination in a peace treaty. Although these expectations have been proven to be too high for most occupants, they nevertheless serve as yardsticks that measure the level of compliance of the occupants with international law. This thoroughly revised edition of the 1993 book traces the evolution of the law of occupation from its inception during the 18th century until today. It offers an assessment of the law by focusing on state practice of the various occupants and reactions thereto, and on the governing legal texts and judicial decisions. The underlying thought that informs and structures the book suggests that this body of laws has been shaped by changing conceptions about war and sovereignty, by the growing attention to human rights and the right to self-determination, as well as by changes in the balance of power among states. Because the law of occupation indirectly protects the sovereign, occupation law can be seen as the mirror-image of the law on sovereignty. Shifting perceptions on sovereign authority are therefore bound to be reflected also in the law of occupation, and vice-versa.
Download or read book Litigating War written by Sean D. Murphy and published by Oxford University Press. This book was released on 2013-03-27 with total page 1061 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating War offers an in-depth examination of the law and procedure of the Eritrea-Ethiopia Claims Commission, which was tasked with deciding, through binding arbitration, claims for losses, damages, and injuries resulting from the 1998-2000 Eritrean-Ethiopian war. After providing an overview of the war, the authors describe how the Commission was established, its jurisdiction, the sources of law it applied, its treatment of nationality and evidentiary issues, and the relief it rendered. Separate chapters then address particular topics, such as the initiation of the war, battlefield conduct, belligerent occupation, aerial bombardment, prisoners of war, enemy aliens and their property, diplomats and diplomatic property, and general economic loss. A final chapter examines the lessons that might be learned from the experience of the Claims Commission, especially with an eye to the establishment of such commissions in the future. The volume includes a preface from James Crawford and also reproduces all the key documents relating to the Commission: the bilateral agreement establishing the Commission; its rules of procedure; and its numerous decisions and arbitral awards. The analytical portion of the volume contains extensive cross-references to these primary documents. Further, a comprehensive table of contents and indexes relating to subject matter, treaties, and cases provide ready access to all the material contained within.
Book Synopsis Sovereign Defaults before International Courts and Tribunals by : Michael Waibel
Download or read book Sovereign Defaults before International Courts and Tribunals written by Michael Waibel and published by Cambridge University Press. This book was released on 2011-05-26 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law on sovereign defaults is underdeveloped because States have largely refrained from adjudicating disputes arising out of public debt. The looming new wave of sovereign defaults is likely to shift dispute resolution away from national courts to international tribunals and transform the current regime for restructuring sovereign debt. Michael Waibel assesses how international tribunals balance creditor claims and sovereign capacity to pay across time. The history of adjudicating sovereign defaults internationally over the last 150 years offers a rich repository of experience for future cases: US state defaults, quasi-receiverships in the Dominican Republic and Ottoman Empire, the Venezuela Preferential Case, the Soviet repudiation in 1917, the League of Nations, the World War Foreign Debt Commission, Germany's 30-year restructuring after 1918 and ICSID arbitration on Argentina's default in 2001. The remarkable continuity in international practice and jurisprudence suggests avenues for building durable institutions capable of resolving future sovereign defaults.
Book Synopsis Research Handbook on International Claims Commissions by : Chiara Giorgetti
Download or read book Research Handbook on International Claims Commissions written by Chiara Giorgetti and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: International claims commissions (ICCs) are unique dispute resolution mechanisms designed to be highly flexible and responsive to international crises. This pertinent Research Handbook explores the history of ICCs focusing on modern examples, how and why states create ICCs, institutional design and procedural issues of ICCs; and explores how they can be used to address contemporary challenges.
Book Synopsis Research Handbook on International Conflict and Security Law by : Nigel D. White
Download or read book Research Handbook on International Conflict and Security Law written by Nigel D. White and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔFeaturing some of the fieldÕs most expert thinkers, this is an adroitly constructed volume of essays in Òconflict and security lawÓ. The writing here offers a distillation of the major legal projects in the area while dissolving some of international lawÕs most rigid demarcations (e.g. between war and peace, or the jus ad bellum and jus in bello).Õ Ð Gerry Simpson, University of Melbourne, Australia ÔA most important and timely collection of essays that places the established international rules in their modern and challenging of context.Õ Ð Philippe Sands QC, University College London, UK ÔEvents of the past fifteen years have sharpened the focus on well-known issues in international conflict and security law. What responses to international terrorism are permissible? Can humanitarian intervention be justified under international law? The Research Handbook on International Conflict and Security Law addresses these and other debates across the areas of conflict prevention, use of force and post-conflict reconstruction, with the critical insight for which the contributors are known.Õ Ð James Crawford, University of Cambridge, UK This innovative Research Handbook brings together leading international law scholars from around the world to discuss and highlight the contemporary debate regarding issues of conflict prevention and the legality of resorting to the use of armed force through to those arising during an armed conflict and in the phase between conflict and peace. The Handbook covers key conceptual topics drawn from across the three areas of jus ad bellum, jus in bello and jus post bellum. The subject matter of the included chapters range from conflict prevention through to reparation and compensation, via coverage of issues such as disarmament, the role of the Security Council, self-defence, humanitarian intervention and the responsibility to protect, targets, war crimes, private military contractors, peacekeeping, and the protection of human rights. Being the first to examine topics under these areas in one volume, the book will be of interest to scholars, academics, postgraduate and research students as well as government lawyers from various disciplinary backgrounds looking for a contemporary grounding in issues under the broad theme of international conflict and security law.
Book Synopsis The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons by : Khaled Hassine
Download or read book The United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons written by Khaled Hassine and published by Martinus Nijhoff Publishers. This book was released on 2015-11-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first Commentary on the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons – known colloquially as the Pinheiro Principles – Khaled Hassine and Scott Leckie outline the restitution rights of persons who have faced forced displacement and the loss of their homes, lands and properties. The Commentary compiles and analyzes in considerable detail the legal contents of the Pinheiro Principles - a consolidated international instrument generated by the United Nations in 2005 to provide a solid normative framework on these questions and which legal duties exist for states and the international community to secure them. The book will be of vital interest for all actors concerned with applying restitution rights in practice.
